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(영문) 서울중앙지방법원 2015.02.12 2014노4477

사기등

Text

The judgment below

The part against Defendant D, I, and K shall be reversed.

Defendant

D. One year of imprisonment and one year of imprisonment for Defendant I.

Reasons

1. Summary of grounds for appeal;

A. In relation to the mistake of facts (Defendant A) violation of the Attorney-at-Law Act, the defendant is a member of the law firm who was employed at the time, who supported the attorney-at-law, and does not independently perform his duties or receive any remuneration therefor.

B. The following sentence imposed by the lower court on the Defendants is too unreasonable. (The Defendants are the defendants)

Defendant

A: Imprisonment of 2 years and 6 months, additional collection of 5 million won Defendant C, G, and I: Imprisonment of 2 years and 2 years: Defendant E with prison labor of 1 year and 6 months: Defendant F, H, and K: Imprisonment of 3 years and 3 years.

2. Determination

A. The following circumstances acknowledged by the court below's finding of facts as to Defendant A's assertion of mistake of facts duly adopted and investigated by the court below: (i) Defendant A has been punished for committing a violation of the Attorney-at-Law Act by working as the so-called "the so-called "the So-called "the So-called "the So-called" of the Attorney-at-Law at the time of the present case; (ii) Defendant A and the law firm to which Defendant A were affiliated with Defendant A had entered into a delegation contract, etc.; (iii) Defendant A claimed insurance money on behalf of AW and consulted with the insurance company; (iv) Defendant A was written document stating the agreed contents at the end of the consultation as "the President BA of the Law Firm," and there was no indication as attorneys, etc. (3) Defendant A was receiving KRW 2 million monthly wage from the law firm to which they were affiliated at the time of the present case (Evidence No. 1995, No. 2295); and (iii) Defendant A was transferred to the above law firm's account for consumption of KRW 10 million.

참조조문